** News Bulletin from the Common Sense Alliance**
San Juan County Takes a Pass
Last week, San Juan County waived its right to respond to the Petition for Writ of Certiorari submitted to the Supreme Court of the United States (SCOTUS) on May 10th by the Pacific Legal Foundation (PLF) on behalf of Common Sense Alliance (CSA). CSA is petitioning SCOTUS to review the constitutionality of various provisions of San Juan County’s Critical Areas Ordinances (CAOs), particularly questioning whether the County’s CAOs violate the Fifth and Fourteenth Amendments of the US Constitution because of its property set-aside mandate.
Inasmuch as San Juan County waived its right to respond to the CSA/PLF Supreme Court writ, SCOTUS will decide during their June 23rd conference (next week) whether to accept the CSA case for review. If SCOTUS decides to review the CSA case, a court date will likely be set in 2017.
Despite the fact that San Juan County did not respond, the CSA/PLF Writ attracted amicus briefs from other parties (Cato Institute, Reason Foundation, National Association of Home Builders, Southeastern Legal Center, and the National Federation of Independent Small Business Legal Center). Each of these parties is encouraging the Supreme Court to review the Constitutionality of San Juan County’s law that takes away private property use for a public purpose without just compensation.
See the PLF blog for more information.